2012-c.115 — Statistics Act

s. 1 — Definitions

The following definitions apply in this Act. 1984, c.S-12.3, s.1; 2025, c.41, s.1

s. 1 — agency

“Agency” means the New Brunswick Statistics Agency established by this Act. (Agence)

s. 1 — department

“department” means any department, board, commission or agency of the Government of the Province. (ministère)

s. 1 — director

“Director” means the Director of the New Brunswick Statistics Agency designated under this Act. (directeur)

s. 1 — minister

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

s. 1 — respondent

“respondent” means a person or a department in respect of whom or which or in respect of whose activities any report or information is sought or provided under this Act. (intéressé)

s. 1 — return

“return” means the record of any report or information provided by a respondent. (relevé)

s. 1 — statistics-canada

“Statistics Canada” means the statistics bureau referred to in the Statistics Act (Canada). (Statistique Canada)

s. 2 — New Brunswick Statistics Agency

1984, c.S-12.3, s.3

s. 2(1) — New Brunswick Statistics Agency

There is established an agency called the New Brunswick Statistics Agency.

s. 2(2) — New Brunswick Statistics Agency

The Agency, in carrying out its functions under this Act, is subject to the control and direction of and is responsible to the Minister.

s. 3 — Powers of Agency

1984, c.S-12.3, s.4

s. 3(1) — Powers of Agency

The Agency may promote and develop integrated social and economic statistics relating to the Province or the government or both and in particular may

s. 3(1)(a) — Powers of Agency

(a) collect, compile, analyse, abstract, project and distribute statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the Province and persons in the Province,

s. 3(1)(b) — Powers of Agency

(b) collaborate with or assist departments in the collection, compilation and distribution of statistical information, including statistics derived from the activities of those departments,

s. 3(1)(c) — Powers of Agency

(c) promote the adoption of appropriate statistical standards and the avoidance of duplication in the information collected by the departments, and

s. 3(1)(d) — Powers of Agency

(d) coordinate statistical activities between the Government of the Province and statistical agencies of other governments.

s. 3(2) — Powers of Agency

In addition to the powers conferred on the Agency under subsection (1), the Lieutenant-Governor in Council may authorize the Agency to collect, compile, analyse, abstract, project and distribute such other statistical information as the Lieutenant-Governor in Council considers necessary.

s. 4 — Designation of Director

1984, c.S-12.3, s.5; 2025, c.41, s.2

s. 4(1) — Designation of Director

The Minister shall designate a person employed under the Minister to be the Director of the New Brunswick Statistics Agency for the purposes of this Act and to carry out the duties of Director under this Act.

s. 4(2) — Designation of Director

The Minister may employ persons appointed under the Civil Service Act to assist the Agency in carrying out its functions.

s. 5 — Duties of Director

The Director shall 1984, c.S-12.3, s.6

s. 5(a) — Duties of Director

(a) advise the Minister on matters relating to the Agency,

s. 5(b) — Duties of Director

(b) advise departments on and assist with statistical matters, projects and programs, and

s. 5(c) — Duties of Director

(c) under the direction of the Minister, supervise the administration of this Act and matters arising under this Act.

s. 6 — Oath of office

1984, c.S-12.3, s.7

s. 6(1) — Oath of office

The Director and every person employed for the purposes of this Act shall, before entering on his or her duties, take and subscribe an oath or affirmation in the following form:

s. 6(2) — Oath of office

The oath or affirmation referred to in subsection (1) shall be taken before a person authorized to administer an oath or affirmation and shall be recorded in such manner as the Minister directs.

s. 7 — Establishment of rules, instructions, schedules and forms

The Minister may establish such rules, instructions, schedules and forms as are considered necessary for conducting the work and business of the Agency and for the collection, compilation and distribution of statistics and other information. 1984, c.S-12.3, s.8

s. 8 — Prohibition respecting discrimination

1984, c.S-12.3, s.9

s. 8(1) — Prohibition respecting discrimination

The Lieutenant-Governor in Council, the Minister, the Agency or the Director shall not, in the performance of their functions or the execution of their powers conferred by this Act, discriminate between individuals or companies to the prejudice of any such individuals or companies.

s. 8(2) — Prohibition respecting discrimination

Despite anything in this Act, the Minister may authorize the use of sampling methods for the collection of statistics.

s. 9 — Voluntary information

The Minister may authorize the obtaining, for a particular purpose, of information on a voluntary basis and, if such information is requested, subsections 16(2) and (3) do not apply in respect of a refusal or neglect to furnish the information. 1984, c.S-12.3, s.10

s. 10 — Access to documents and records

A person having the custody or charge of any documents or records that are maintained in any department, office of a local government, company, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, shall grant access to the documents or records for those purposes to the Director or a person authorized by the Director. 1984, c.S-12.3, ss.11(1); 2005, c.7, s.79; 2017, c.20, s.172

s. 11 — Document as evidence

Any document purporting to be signed by the Minister or the Director that refers to any appointment or removal of, or that sets out any instructions to, any person employed in the administration of this Act is proof, in the absence of evidence to the contrary, of the appointment, removal or instructions and that the document was signed and addressed as it purports to be. 1984, c.S-12.3, ss.11(2)

s. 12 — Agreement with Statistics Canada

1984, c.S-12.3, s.12

s. 12(1) — Agreement with Statistics Canada

The Minister may, subject to the approval of the Lieutenant-Governor in Council, enter into an agreement with the Minister responsible for Statistics Canada for the exchange with or transmission to Statistics Canada of

s. 12(1)(a) — Agreement with Statistics Canada

(a) replies to any specific statistical inquiries,

s. 12(1)(b) — Agreement with Statistics Canada

(b) replies to any specific classes of information collected under this Act, and

s. 12(1)(c) — Agreement with Statistics Canada

(c) any tabulations or analyses based on replies referred to in paragraph (a) or (b).

s. 12(2) — Agreement with Statistics Canada

Except in respect of information described in subsection 14(2), no agreement entered into under this section applies to any reply made to or information collected by the Agency before the date that the agreement was entered into or is to have effect, whichever is the later date.

s. 12(3) — Agreement with Statistics Canada

When any information, in respect of which an agreement under this section applies, is collected by the Agency from a respondent, the Agency shall, when collecting information, advise the respondent of any agreement under this section with Statistics Canada under which the information received from the respondent may be communicated to Statistics Canada.

s. 13 — Agreement with other bodies

1984, c.S-12.3, s.13; 2005, c.7, s.79; 2017, c.20, s.172

s. 13(1) — Agreement with other bodies

The Minister may enter into an agreement with a department, local government, company, business, organization or the Government of Canada or a province for the exchange of information collected jointly with any one of them and for subsequent tabulation or publication based on the information.

s. 13(2) — Agreement with other bodies

An agreement under subsection (1) shall provide that

s. 13(2)(a) — Agreement with other bodies

(a) the respondent shall be informed that the information is being collected jointly on behalf of the Agency and the department, local government, company, business, organization or the Government of Canada or a province, as the case may be, by a notice to that effect, and

s. 13(2)(b) — Agreement with other bodies

(b) the agreement shall not apply in respect of any respondent who gives notice in writing to the Director that the respondent objects to the sharing of the information between the Agency and the body referred to in paragraph (a).

s. 13(3) — Agreement with other bodies

Any exchange of information under an agreement under this section may, subject to subsection (2), include replies to original inquiries and supplementary information provided by a respondent to the Agency or the other body jointly collecting the information.

s. 14 — Disclosure of information

1984, c.S-12.3, s.14

s. 14(1) — Disclosure of information

Except as otherwise permitted by section 12 or 13 or by this section and except for the purposes of a prosecution under this Act,

s. 14(1)(a) — Disclosure of information

(a) no person, other than a person employed under this Act and sworn or affirmed under section 6, shall be permitted to examine any identifiable individual return made for the purpose of this Act, and

s. 14(1)(b) — Disclosure of information

(b) no person who has been sworn or affirmed under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in such manner that it is possible from any such disclosure to relate the particulars obtained from any individual return to any identifiable individual person, business or organization.

s. 14(2) — Disclosure of information

The Director may authorize the disclosure of

s. 14(2)(a) — Disclosure of information

(a) information collected by persons, organizations or departments for their own purposes and communicated to the Agency, but information when communicated to the Agency shall be subject to the same secrecy requirements to which it was subject when collected and may only be disclosed by the Agency in the manner and to the extent agreed on by the collector of the information and the Director,

s. 14(2)(b) — Disclosure of information

(b) information relating to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned,

s. 14(2)(c) — Disclosure of information

(c) information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business,

s. 14(2)(d) — Disclosure of information

(d) information available to the public under any act or other law, and

s. 14(2)(e) — Disclosure of information

(e) information in the form of an index or list of

s. 14(2)(e)(i) — Disclosure of information

(i) the names, addresses and locations of individual establishments, firms or businesses,

s. 14(2)(e)(ii) — Disclosure of information

(ii) the products produced, manufactured, processed, transported, stored, purchased or sold, or the services provided, by individual establishments, firms or businesses in the course of their business, or

s. 14(2)(e)(iii) — Disclosure of information

(iii) the names, addresses and locations of individual establishments, firms or businesses that are within specific ranges of numbers of employees or persons engaged or constituting the work force.

s. 15 — Return as evidence

1984, c.S-12.3, s.15; 2009, c.R-10.6, s.96

s. 15(1) — Return as evidence

Except for the purposes of a prosecution under this Act, any return made to the Agency or the Director under this Act and any copy of the return in the possession of the respondent is privileged and shall not be used as evidence in any proceedings, and no person sworn or affirmed under section 6 shall, by an order of any court, tribunal or other body, be required in any proceedings to give oral testimony or to produce any return, document or record with respect to any information obtained in the course of administering this Act.

s. 15(2) — Return as evidence

This section applies in respect of any information that the Agency is prohibited by this Act from disclosing or that may be disclosed only pursuant to an authorization under subsection 14(2).

s. 16 — Offences and penalties

1984, c.S-12.3, s.16, s.17, s.18, s.19; 1990, c.61, s.134; 2005, c.7, s.79; 2017, c.20, s.172

s. 16(1) — Offences and penalties

A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence if, after taking the oath or affirmation set out in section 6, the person

s. 16(1)(a) — Offences and penalties

(a) wilfully makes any false declaration, statement or return in the performance of his or her duties,

s. 16(1)(b) — Offences and penalties

(b) in the pretended performance of his or her duties, obtains or seeks to obtain information that he or she is not duly authorized to obtain,

s. 16(1)(c) — Offences and penalties

(c) violates paragraph 14(1)(b),

s. 16(1)(d) — Offences and penalties

(d) wilfully discloses or divulges directly or indirectly to any person not entitled under this Act to receive it, any information obtained by him or her in the course of his or her employment that might exert an influence on or affect the market value of any stocks, bonds or other security or any product or article, or

s. 16(1)(e) — Offences and penalties

(e) uses any such information for the purpose of speculating in any stocks, bonds or other security or any product or article.

s. 16(2) — Offences and penalties

A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence if the person, without lawful excuse,

s. 16(2)(a) — Offences and penalties

(a) refuses or neglects to answer, or wilfully answers falsely, any question requisite for obtaining any information sought in respect of the objects of this Act or pertinent to it that has been asked of that person by any person employed under this Act, or

s. 16(2)(b) — Offences and penalties

(b) refuses or neglects to furnish any information or to fill in to the best of that person’s knowledge and belief any schedule or form that that person has been required to fill in, and to return it when and as required of that person under this Act, or knowingly gives false or misleading information or practises any other deception under this Act.

s. 16(3) — Offences and penalties

A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence if the person

s. 16(3)(a) — Offences and penalties

(a) having the custody or charge of any documents or records that are maintained in any department, office of a local government, company, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, refuses or neglects to grant access to it to any person authorized for that purpose by the Director, or

s. 16(3)(b) — Offences and penalties

(b) otherwise in any way wilfully obstructs or attempts to obstruct any person employed in the execution of any duty under this Act.

s. 16(4) — Offences and penalties

A person who falsely represents himself or herself to be making an inquiry under the authority of this Act or under the authority of the Minister or Director commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

s. 17 — Administration

The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. 1984, c.S-12.3, s.2

s. 18 — Regulations

The Lieutenant-Governor in Council may make regulations for carrying out the purposes and provisions of this Act. 1984, c.S-12.3, s.20